lawsuit against CBS

Naked Cowboy getting dressed for court: Files lawsuit against CBS for 'Bold and the Beautiful' promo

By Jose Martinez
DAILY NEWS STAFF WRITER

Monday, February 14th 2011, 4:32 PM

Handschuh/News

The Naked Cowboy, whose real name is Robert John Burck, filed a lawsuit against CBS.

The Naked Cowboy is singing the same old song, filing yet another lawsuit for a supposed ripoff of his guitar and skivvies shtick.
The litigation-loving tourist favorite filed a $1.5 million trademark infringement suit Monday against CBS, accusing the network of using a guitar-toting drunken fool in a cowboy hat and underwear to promote "The Bold and the Beautiful."
Robert Burck, who has performed as the Naked Cowboy since 1997 and often pops up in Times Square, is taking aim at CBS over an ad featuring a soap opera character named "Oliver," who he says is just a ripoff.

"The character, Oliver, sang a song - as is the Naked Cowboy's stock in trade, and he did so while appearing in Naked Cowboy signature garb," says the suit, which was filed in Manhattan Federal Court. "The depiction of the Naked Cowboy was that of a person who appeared drunk and sexually charged."

When it comes to lawsuits, this is hardly the Naked Cowboy's first time at the rodeo. Burck, who trademarked his act in 2000, previously sued the maker of M&Ms for dressing up a blue M&M in a white cowboy hat, cowboy boots and underpants.
He also filed sued against the Naked Cowgirl - a raunchy ex-stripper who starred in the "Sandy Kane Blew Show" on Manhattan public access television before taking to Times Square in a Naked

Cowboy-like getup.
Burck's latest lawsuit says CBS is cashing in on the good name and reputation he's built up with years of "guitar, good nature, personality, smile and gentle approach."
Oliver's boozy and sexually charged approach, the suit says, is anything but gentle or charming.

"Naked Cowboy had no control over the manner in which defendants depicted the Naked Cowboy in their segment," the suit says. "As a result of defendants' misappropriation, the distinctive qualities of Naked Cowboy were diluted."
CBS seemed unconcerned with the filing.
"We choose to respond with the bare minimum to the plaintiff's naked allegations," a CBS spokeswoman said.